Senate File 66 - Introduced SENATE FILE 66 BY PETERSEN , WEINER , WINCKLER , BENNETT , TRONE GARRIOTT , CELSI , BLAKE , KNOX , BISIGNANO , TOWNSEND , STAED , QUIRMBACH , DOTZLER , DONAHUE , and WAHLS A BILL FOR An Act relating to testimony by certain witnesses by two-way 1 closed-circuit equipment. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1244XS (4) 91 as/js
S.F. 66 Section 1. Section 915.38, subsection 1, paragraph a, Code 1 2025, is amended to read as follows: 2 a. Upon its own motion or upon motion of any party, a 3 court may protect a minor, as defined in section 599.1 , 4 from trauma caused by testifying in the physical presence of 5 the defendant where it would impair the minors ability to 6 communicate, by ordering that the testimony of the minor be 7 taken in a room other than the courtroom and be televised by 8 two-way closed-circuit equipment for viewing in the courtroom. 9 However, such an order shall be entered only upon a specific 10 finding by the court that such measures are necessary to 11 protect the minor from trauma. Only the judge, prosecuting 12 attorney, defendants attorney, persons necessary to operate 13 the equipment, and any person whose presence, in the opinion 14 of the court, would contribute to the welfare and well-being 15 of the minor may be present in the room with the minor during 16 the minors testimony. The judge shall inform the minor that 17 the defendant will not be present in the room in which the 18 minor will be testifying but that the defendant will be viewing 19 the minors testimony through closed-circuit television , and 20 that the minor will be able to view the defendant while giving 21 testimony . 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill relates to testimony by certain witnesses by 26 two-way closed-circuit equipment. 27 The bill provides that upon its own motion or upon motion 28 of any party, a court may protect a minor up to 18 years of 29 age from trauma caused by testifying in the physical presence 30 of the defendant where it would impair the minors ability to 31 communicate, by ordering that the testimony of the minor be 32 taken in a room other than the courtroom and be televised by 33 two-way closed-circuit equipment for viewing in the courtroom. 34 Current law does not specify that the closed-circuit equipment 35 -1- LSB 1244XS (4) 91 as/js 1/ 2
S.F. 66 be two-way. Upon a finding of necessity, the court may also 1 allow the testimony of a victim or witness with a mental 2 illness, an intellectual disability, or other developmental 3 disability to be taken by two-way closed-circuit equipment 4 regardless of the age of the victim or witness. 5 -2- LSB 1244XS (4) 91 as/js 2/ 2